Eranna vs The State Of Karnataka
2026 Latest Caselaw 3049 Kant

Karnataka High Court

Eranna vs The State Of Karnataka on 8 April, 2026

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                                                            NC: 2026:KHC-K:3101
                                                       CRL.P No. 200490 of 2026


                      HC-KAR



                                 IN THE HIGH COURT OF KARNATAKA

                                        KALABURAGI BENCH

                               DATED THIS THE 8TH DAY OF APRIL, 2026

                                              BEFORE
                               THE HON'BLE MR. JUSTICE G BASAVARAJA
                               CRIMINAL PETITION NO. 200490 OF 2026
                                      (439(Cr.PC)/483(BNSS))
                      BETWEEN:

                      SRI. ERANNA S/O LATE MAHADEVA
                      AGE: 52 YEARS, OCC: FARMER
                      R/O POORTIPLI VILLAGE
                      TQ: AND DIST: RAICHUR-584106
                                                                  ...PETITIONER
                      (BY SRI. ARUNKUMAR AMARGUNDAPPA., ADVOCATE)
                      AND:

                      THE STATE OF KARNATAKA
                      THROUGH THE SHO.,
                      RAICHUR WOMEN POLICE STATION
Digitally signed by   REPT. BY IT'S ADDL. STATE PUBLIC PROSECUTOR
RAMESH
MATHAPATI             HIGH COURT OF KARNATAKA
Location: HIGH        KALABURAGI BENCH-585102
COURT OF
KARNATAKA                                                       ...RESPONDENT
                      (BY SRI.JAMADAR SHAHABUDDIN, HCGP)
                           THIS CRL.P IS FILED U/S. 439 OF CR.P.C (OLD) U/SEC
                      483 OF BNSS (NEW), PRAYING TO ALLOW THIS BAIL PETITION
                      AND THEREBY RELEASE THE PETITIONER/SOLE -ACCUSED ON
                      BAIL IN SC NO.125/2023 (CRIME NO.72/2023) PENDING ON
                      THE FILE OF THE HONOURABLE II ADDL. DIST. AND SESSIONS
                      JUDGE, RAICHUR FOR THE OFFENCES PUNISHABLE U/SECS.
                      498(A), 323, 324, 504, 506 AND 307 OF IPC, REGISTERED BY
                      THE RESPONDENT-RAICHUR WOMEN POLICE STATION, BASED
                      ON THE INFORMATION OF FIRST INFORMANT.
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                                           NC: 2026:KHC-K:3101
                                    CRL.P No. 200490 of 2026


HC-KAR



    THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA


                        ORAL ORDER

This petition is filed under Section 483 of Bharatiya

Nagarik Suraksha Sanhita, 2023, by the

petitioner/accused for grant of bail in S.C.No.125/2023

arising out of Crime No.72/2023, registered by Raichur

Women Police, for the offences punishable under Sections

498(A), 323, 324, 504, 506 and 307 of IPC, presently

pending on the file of II Addl. District and Sessions Judge,

Raichur.

2. This petition is filed seeking following relief's:

"Wherefore, on looking into all the above mentioned grounds amongst others, it is respectfully prayed that this Hon'ble Court be pleased to allow this bail petition and thereby release the petitioner/sole-accused on bail in SC No.125/2023 (Crime No.72/2023) pending on the file of II Addl. District and Sessions Judge, Raichur for the offence punishable under Sections 498(A), 323, 324, 504, 506 and 307 of IPC, registered by the respondent-Raichur Women Police Station, based on the information of first informant."

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3. The factual matrix of the case is that, on the

basis of the complaint filed by Smt.Lakshmi, Raichur

Women Police have registered the case in Crime

No.72/2023 against the accused for the aforesaid

offences. After filing charge sheet, the case was registered

in C.C.No.2668/2023. Thereafter, the case was committed

to the Court of Sessions and case was registered in S.C.

No.125/2023 on the file of learned Principal District and

Sessions Judge, Raichur. The accused/petitioner was

released on bail in Criminal Miscellaneous No.1128/2023.

Thereafter, he was appeared before the Court and charges

were framed against the accused for the alleged

commission of offences. The evidence of PW.1 was

recorded. Thereafter, the accused did not appear before

the trial Court. Hence, NBW was issued 06.03.2026. The

accused voluntarily appeared before the trial Court and

remanded to judicial custody. The bail application was filed

under Section 439 of Cr.P.C which came to be rejected on

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17.03.2026. Being aggrieved by the said order, the

petitioner has filed this petition for grant of bail.

4. Heard the learned counsel for the petitioner and

the learned HCGP for respondent-State.

5. Learned counsel for the petitioner would submit

that the Petitioner/Accused and the informant were

married over three decades ago and have grown-up

children. The alleged incident of assault appears to have

occurred in the heat of the moment and was not a

premeditated act. Given their long-standing relationship,

and in the interest of fostering harmony and restoring the

marital bond, the Petitioner, who is 52 years old, prays to

be enlarged on bail. He further submits that the petitioner

who was initially enlarged on bail by the Learned Sessions

Judge could not attend few dates of hearing on account of

ill-health followed by some settlement talks in the family.

He never absconded and was living in the same house

itself. The absence was being not deliberate but for

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unavoidable circumstance and therefore petitioner is liable

to be enlarged on bail. On all these grounds, he prays to

allow the petition.

6. Per contra, the learned HCGP for respondent -

State opposed to the bail petition.

7. I have examined the materials placed before

this Court.

8. Though the trial Court has issued NBW, same

was not executed by the concerned police. The accused

voluntarily appeared before the Court and counsel for

accused had not filed any application to recall the NBW.

Hence, the trial Court has remanded the accused to the

judicial custody. Accepting the reasons assigned by the

learned counsel for the petitioner, it is just and proper to

allow the petition with stringent conditions. Accordingly, I

proceed to pass the following;

ORDER

The Criminal Petition is allowed.

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The petitioner/accused shall be enlarged on bail in

S.C.No.125/2023 arising out of Crime No.72/2023,

registered by Raichur Women Police, for the offences

punishable under Sections 498(A), 323, 324, 504, 506

and 307 of IPC, subject to the following conditions:

(a) Petitioner shall execute a personal bond for a sum of Rs.1,00,000/- with one surety for the likesum, to the satisfaction of the trial Court;

(b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court without fail;

(c) The petitioner/accused shall not directly or indirectly threaten or tamper with the prosecution witnesses;

(d) The petitioner shall not indulge in similar offences in future;

Registry is directed to send the copy of this order to the

Trial Court.

Sd/-

(G BASAVARAJA) JUDGE MSR List No.: 1 Sl No.: 9 CT-BH